VICTIMS OF CRIME ASSISTANCE ACT 1996
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose and objectives of Act
- 2 Commencement
- 3 Definitions
- 4 Related criminal acts
- 5 Effect of death
PART 2--ELIGIBILITY FOR ASSISTANCE
Division 1--Primary victims
Division 2--Secondary victims
- 9 Who is a secondary victim?
- 10 Assistance available to secondary victims
- 10A Additional assistance available to certain secondary victims
Division 3--Related victim
Division 4--Assistance for funeral expenses
- 15 Assistance available to person incurring funeral expenses for primary victim
Division 5--Limits on assistance
- 16 Other entitlements to be taken into account
- 17 Loss of earnings
- 18 Applicant can only apply in one capacity
PART 3--VICTIMS OF CRIME ASSISTANCE TRIBUNAL
Division 2--Applications
- 25 Who may apply to the Tribunal?
- 26 Form of application
- 27 What application must set out
- 27A Information to be given by related victim applicants
- 28 Where application is to be sent
- 29 Time for making application
- 29A Right to withdraw an application
Division 3--Procedure and powers of Tribunal
- 31 Standard of proof
- 32 Duty to act fairly and expeditiously
- 33 Determination without hearing
- 34 Fixing time and place for hearing
- 35 Who is entitled to appear at hearing?
- 36 How may a party appear?
- 37 Evidence
- 38 Procedure of Tribunal
- 39 Investigative powers of Tribunal
- 40 Power of registrar or Tribunal officer to obtain information
- 41 Power to adjourn
- 42 Hearings open to public unless Tribunal directs otherwise
- 42A Inspection of documents
- 43 Tribunal may restrict publication of material
- 44 Procedural directions
- 45 Guidelines
- 46 Scale of costs
- 47 Payment of expenses to person entitled
- 48 Costs
- 49 Complaints about service providers
Division 4--Awards
- 50 Making of awards
- 51 Assignment of rights to the State
- 52 Mandatory refusal of application
- 53 Reasonable time for reporting act of violence
- 54 Matters to which Tribunal must have regard
- 55 Form of payment
- 56 Interim awards
Division 5--Rules and practice notes
PART 4--REVIEW, VARIATION AND REFUNDS
Division 1--Review
Division 2--Variation of award
Division 3--Refunds
- 61 Pursuing other remedies
- 62 Refund of award
PART 5--MISCELLANEOUS
- 63 Protection of members, advocates and witnesses
- 64 Contempt of Tribunal
- 65 Inadmissibility of evidence in other proceedings
- 66 Fraud
- 67 False or misleading information
- 68 Annual report
- 69 Payments to and from Consolidated Fund
- 70 Investment of trust money
- 70A Money held by Tribunal for person under disability
- 71 Supreme Court—limitation of jurisdiction
- 72 Regulations
- 76 Transitional provisions
- 77 Transitional provisions (2000 and 2003 Amending Acts)
- 78 Transitional provisions (2003 Amending Act)
- 79 Transitional provision (2007 Amending Act)
- 80 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
- 81 Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010
- 82 Transitional provision—Justice Legislation Amendment (Victims) Act 2018